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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1552
Experience:  BCom; LLB; Masters in Law
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Is diagnosed mental illness a mitigating factor when a civil

Customer Question

is diagnosed mental illness a mitigating factor when a civil judgment is served against an individual with it, who is currently being treated
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

No, unfortunately it is not.

It would however be a defence to a claim brought against you in so far as the mental illness might impact on your "intention". It is our law that you can only be held liable for damages if you had the intention to cause those damages.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,


Customer: replied 1 year ago.
Ok, thanks for the response. In my case I have been diagnosed with a number of psychiatric illness and have spent about a month in mental institutions over the past 6 months to recover from "bouts". My state of mind certainly has impacted negatively on the way I do business , not least of all the effects of the medications.I am backed by about 5 practitioners who are prepared to vouch for me, based on the erratic behaviour I exhibit, both om meds and off them
Customer: replied 1 year ago.
Hi, you never responded to this part...
Expert:  CaseLaw replied 1 year ago.

How do you mean as a "mitigating factor"? Perhaps you could explain more about how you mean? I'm worried that we're talking about different circumstances.

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